Walsh Construction, Inc. v. Greenleaf Construction Co., Inc. et al

Filing 39

MINUTE ORDER granting 36 Motion for Leave; granting 37 Motion for Leave. On or before March 13, 2015, Plaintiff shall file the redline required by D.C.COLO.LCivR 15.1(a). Defendants shall answer or otherwise respond to the Amended Complaint for Damages in accordance with Fed. R. Civ. P. 15(a)(3). By Magistrate Judge Kristen L. Mix on 03/04/2015. (athom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02487-CMA-KLM
WALSH CONSTRUCTION, INC., on behalf of the United States of America,
Plaintiff/Counterclaim Defendant
v.
GREENLEAF CONSTRUCTION CO., INC., and,
LIBERTY MUTUAL INSURANCE COMPANY,
Defendants/Counterclaim Plaintiffs.
______________________________________________________________________
MINUTE ORDER
______________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Unopposed Motion for Leave to File
Amended Complaint [#36]1 (“Plaintiff’s Motion”) and Defendants’ Unopposed Motion For
Leave to Amend Pleadings, Add Counterclaims and Join Party Pursuant to Fed. R.
Civ. P. [sic], Rule 13, Rule 15 and Rule 20 [#37] (“Defendants’ Motion”).
As an initial matter, Plaintiff’s Motion does not comply with D.C.COLO.LCivR 15.1(a),
which requires, that “[a] party who files an amended pleading under Fed. R. Civ. P. 15(a)(1)
or with the consent of the opposing party shall file a separate notice of filing the amended
pleading and shall attach as an exhibit a copy of the amended pleading which strikes
through . . . the text to be deleted and underlines . . . the text to be added.” Plaintiff’s
Motion is subject to denial on this basis alone. Nevertheless, in the interest of expedience,
IT IS HEREBY ORDERED that Plaintiff’s Motion [#36] and Defendants’ Motion [#37]
are GRANTED.
IT IS FURTHER ORDERED that the Clerk of the Court shall accept Plaintiff’s
Amended Complaint for Damages [#36-2] and Defendants’ Amended Answer and
Counterclaim [#37-2] for filing as of the date of this Order.

1

“[#36]” is an example of the convention I use to identify the docket number assigned to
a specific paper by the Court’s case management and electronic case filing system (CM/ECF). I
use this convention throughout this Minute Order.

1

IT IS FURTHER ORDERED that, on or before March 13, 2015, Plaintiff shall file
the redline required by D.C.COLO.LCivR 15.1(a).
IT IS FURTHER ORDERED that Defendants shall answer or otherwise respond to
the Amended Complaint for Damages in accordance with Fed. R. Civ. P. 15(a)(3).
Dated: March 4, 2015

2